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Mandy Diss Post-Defense Word Silencing the Cell Block: The Making of Modern Prison Policy in North Carolina and the Nation by Amanda Bell Hughett Department of History Duke University Date: July 7, 2017 Approved: ___________________________ Nancy MacLean, Supervisor ___________________________ Laura F. Edwards ___________________________ Edward Balleisen ___________________________ Christopher W. Schmidt ___________________________ Heather Ann Thompson Dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of History in the Graduate School of Duke University 2017 ABSTRACT Silencing the Cell Block: The Making of Modern Prison Policy in North Carolina and the Nation by Amanda Bell Hughett Department of History Duke University Date: July 7, 2017 Approved: ___________________________ Nancy MacLean, Supervisor ___________________________ Laura F. Edwards ___________________________ Edward Balleisen ___________________________ Christopher W. Schmidt ___________________________ Heather Ann Thompson An abstract of a dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of History in the Graduate School of Duke University 2017 Copyright by Amanda Bell Hughett 2017 Abstract “Silencing the Cell Block” examines the relationship between imprisoned activists and civil liberties lawyers from the 1960s to the present in order to solve a puzzle central to the United States’ peculiar criminal justice system: Why do American prisons, despite affording inmates expansive due process protections, continue to punish more harshly than their counterparts in any Western country? To answer this question, “Silencing the Cell Block” begins by tracing the emergence of an interracial movement to unionize imprisoned workers in North Carolina and across the nation. Inspired by robust public sector labor and Black Power organizing campaigns, inmates sought a wide range of improvements, including freedom from racism and violence, fair wages, the abolition of large penal institutions, and a voice in prison governance. It then demonstrates how lawyers’ efforts to establish due process protections for prisoners unintentionally undermined inmates’ ability to organize and secure more substantive victories. In the early 1970s, civil liberties lawyers, moved by the broader due process revolution, shielded inmates from the worst abuses behind bars by winning cases compelling prisons to institute disciplinary hearings, grievance procedures, and other procedural protections designed to curtail arbitrary authority. At first, state officials adamantly opposed such improvements. But as the prisoners’ movement garnered strength and courts threatened increased intervention, they came to embrace internal grievance procedures as weapons to defeat inmates’ more sweeping demands. Ultimately, procedural reforms allowed state iv officials to convince judges that state penal institutions operated as modern bureaucracies that complied with the rule of law. By advocating for new procedural protections that offered the appearance—though not always the reality—of justice, civil liberties lawyers sympathetic to the prisoners’ cause helped make America’s severe prison practices more difficult to dismantle. v For Brendan vi Table of Contents Abstract .............................................................................................................................. iv Acknowledgements………………………………………………………………………..v Introduction ......................................................................................................................... 1 Confined by Rights: Inmates, Lawyers, and the Bureaucratization of American Prisons Chapter 1 ........................................................................................................................... 24 “Under the Gun”: Convicted Workers and Their Keepers at Midcentury Chapter 2 ........................................................................................................................... 80 “We had the Right to Remain Silent, but We Ain’t Gonna Stay that Way:” The Rise of the North Carolina Prisoners Labor Union Chapter 3 ......................................................................................................................... 135 “A Hazardous Enterprise”: Civil Liberties Lawyers’ Quest for Justice Beyond the Courtroom, 1974-1977 Chapter 4 ......................................................................................................................... 194 “The Beds and Bodies Game”: Prisoners’ Rights Litigation and the Early Prison-Building Boom, 1977-1983 Chapter 5 ......................................................................................................................... 251 Rights without Remedy: Federal Judges and the Making of the Prison Litigation Reform Act of 1996 Conclusion ...................................................................................................................... 310 The Underside of Reform Works Cited .................................................................................................................... 323 Biography ........................................................................................................................ 343 iv Acknowledgments I am beyond grateful for the support I received while completing this project. Grants and fellowships from Duke University, the American Bar Foundation (ABF), the National Science Foundation, the Law and Society Association, the Gerald Ford Foundation, the William Cromwell Foundation, the Lyndon Johnson Foundation, and the University of North Carolina at Chapel Hill made my work possible. I also thank Barry Nakell, Chuck Eppinette, Jim Grant, Fred Morrison, Robbie Purner, Lao Rupert, Jacob Safron, and Linda Weisel for trusting me with their stories and personal archives. Several scholars provided invaluable feedback on this project as grant proposals, conference papers, and early chapters. I thank Dan Berger, Daniel Ernst, Mariah Hepworth, Rebecca Hill, Elizabeth Kai Hinton, Julilly Kohler-Hausmann, Lisa Miller, Premilla Nadasen, Melanie Newport, Anne Parsons, and Heather Ann Thompson. Comments from participants in the Triangle Legal History Seminar, the Triangle African American History Working Group, the ABF Chicago-Area Legal History Workshop, the Law and Society Association Graduate Student Workshop, and the Law and Litigation in Equality Movements Workshop at the University of Wisconsin School of Law also influenced my ideas and improved my analysis. My dissertation committee was a dream team that went above and beyond the call of duty. Laura Edwards encouraged me to think big and to avoid easy narratives. Edward Balleisen helped me hone my ideas about the past and consider their implications v for the present. Christopher Schmidt provided crucial guidance and support during key stages of this project. Heather Ann Thompson was an unflagging supporter and attentive external reader. I thank my advisor, Nancy MacLean, most of all. She pushed me to sharpen my ideas and strengthen my analysis without ever making me feel defeated or overwhelmed. She is a model mentor, both personally and professionally. I am honored to be a part of her academic family. At Duke, a generous community of professors and peers shaped my work. John French helped me formulate my project and craft my first grant proposals. Jocelyn Olcott provided essential feedback while I drafted my dissertation prospectus and began the research process. I was lucky to work alongside Duke students committed to supporting each other throughout graduate school. For their insightful comments, I thank Eladio Bobadilla, Scovill Currin, Ashley Elrod, Jon Free, Will Goldsmith, Tiffany Holland, Hannah Ontiveros, Dan Papsdorf, Ryan Poe, Yuridia Ramirez, Stephanie Rytilahti, Ashley Young, and Corinna Zeltsman. My two years as a Law and Social Sciences Dissertation Fellow at the American Bar Foundation (ABF) were a dream-come-true. The vibrant intellectual community I encountered there undoubtedly made my work better. I thank Laura Beth Nielson and Robert Nelson for their feedback and for taking a chance on me. Ajay Mehrotra, Christopher Schmidt, Vicky Woeste, and Tracy Burch also provided helpful comments on my chapters in their earliest form. The other ABF fellows were both brilliant and fun: the academic Holy Grail. For their friendship and engagement with my work, I thank vi Andy Baer, Ayo Laniyonu, David McElhattan, Andrea Miller, Jeffrey Omari, Emma Shakeshaft, and Matthew Shaw. They made my final years of graduate school “everything,” as Matthew would say. Graduate school is hard, both intellectually and emotionally. I am lucky to have a wonderful support network. While I conducted research in Washington D.C., Gabriel Osborne and his family gave me a place to stay and made for excellent company. Danielle Pauk and Nikki Pickford cheered me on from the time I applied to graduate school to the day I submitted this dissertation. Erik Gellman and Katie Turk welcomed me to Chicago and made me feel at home. The ever-astute Mariah Hepworth was the best roommate anyone could ask for. Our conversations helped me cross the finish line and so much more. Lastly, I am grateful for my family members who sustained me throughout this project. I thank my parents, Gail and Dan Hughett, for their unwavering support and my brother, Brian, for reminding me to laugh, including at myself. My deepest thanks is reserved
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